The Managing Director, Tamil Nadu State Transport Corporation Limited (Coimbatore Division I) Ltd. vs Sagunthala

P. Sathasivam, J.—Aggrieved by the award of the Motor Accident Claims Tribunal, Tiruppur dated 13.02.2003 made in M.C.O.P. No.

232 of 1999, Tamil Nadu State Transport Corporation Ltd., Coimbatore Division-I has filed the above appeal.

In respect of grievous injuries sustained in a motor vehicle accident that took place on 12.09.1998, the respondent herein/claimant, prayed for a

compensation of a sum of Rs. 12 lakhs. On appreciation of oral and documentary evidence, the Tribunal, passed an award for a sum of Rs.

8,50,000/- with interest at the rate of 9% per annum from the date of petition till the date of payment of the decree amount. Questioning the same,

the present appeal has been filed by the Transport Corporation.

Even at the outset, Learned Counsel appearing for the appellant fairly states that they are aggrieved only with regard to quantum of

compensation determined by the Tribunal; hence, it is unnecessary for me to go into the negligence aspect.

It is seen from the evidence of PW.1, injured/claimant that at the time of accident she was aged about 31 years. Regarding the injuries sustained,

one Dr. Gnanapraskam, was examined as PW.3. He assessed the disability of the injured claimant to the extent of 90%. The disability certificate

issued by PW.3 is marked as Ex.P.10. It is the case of the claimant that she is a Tailor by profession and by accepting her statement the Tribunal

after finding that it would be possible for her to earn atleast Rs. 4,000/- per month as well as taking note of the permanent disability suffered by the

claimant to the extent of 90% (amputation of right leg) and also considering her family consisting of two children and the medical expenses, passed

an award for Rs. 8,50,000/-. On going through the oral and documentary evidence and of the fact that the claimant last her right leg even at the age

of 31 years and being a Tailor by profession, she cannot continue the same avocation as well as of the fact that she has to look after her two

children, I am of the view that the amount awarded by the Tribunal cannot be said to be either excessive or unreasonable; on the other hand, the

same is reasonable. Accordingly, the appeal fails and the same is dismissed. No costs. Consequently, connected CMP., is also dismissed.